Canadian Council for Refugees v. Canada (Immigration, Refugees, and Citizenship), 2020 FC 770

Internalizing the Consequences of Externalized Asylum Processes – Federal Court affirms that the Safe Third Country Agreement violates asylum seekers’ fundamental rights under Canadian law

Résumé

The decision in Canadian Council for Refugees v Canada marks a long-awaited victory for advocates of asylum seekers and a significant blow to the safe third country agreement with the US, acknowledging its infringement of the fundamental rights of non-Canadians. The case built on previous court challenges brought by refugee advocates in Canada, in an effort to affirm and uphold Canada’s national and international legal obligations, ensuring that every person physically present in Canada has a legal right to life, liberty and security of person under the Charter of Rights and Freedoms.